Bill Text: NY A05763 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires one year notice for any increase in manufactured home park rental fees, and requires a meeting to be held if such increase would be greater than the percentage increase in the consumer price index.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to housing [A05763 Detail]

Download: New_York-2019-A05763-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5763
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
                                       ___________
        Introduced by M. of A. NORRIS -- read once and referred to the Committee
          on Housing
        AN  ACT to amend the real property law, in relation to manufactured home
          park rental fee increases
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  3  of subdivision g of section 233 of the real
     2  property law, as amended by chapter 566 of the laws of 1996, is  amended
     3  to read as follows:
     4    3.  (i)  No fees, charges, assessments or rental fees may be increased
     5  by manufactured home park owner or operator without specifying the  date
     6  of  implementation  of  said  fees,  charges, assessments or rental fees
     7  which date shall be no less than:
     8    (A)  ninety  days  after  written  notice  to  all  manufactured  home
     9  tenants[.] in the case of increases to fees, charges or assessments; and
    10    (B) one year notice by personal service or certified mail to all manu-
    11  factured home tenants in the case of increases to rental fees.
    12    (ii)  If a rental fee increase is greater than the percentage increase
    13  of the consumer price index as reported by the Bureau of  Labor  Statis-
    14  tics  of  the  United  States Department of Labor, the manufactured home
    15  park owner shall hold a meeting with all manufactured home tenants with-
    16  in forty-five days of the notice required by clause (B) of  subparagraph
    17  (i)  of  this  paragraph.  The meeting shall be held at the manufactured
    18  home park community center, or if there is no  community  center  or  if
    19  such community center cannot accommodate such meeting, the meeting shall
    20  be  held  in  a handicapped accessible facility that is no more than two
    21  miles from the manufactured home park. The date, time  and  location  of
    22  this  meeting  shall be included with the notice to increase rental fees
    23  required by clause (B) of subparagraph (i) of this paragraph.
    24    (iii) Failure on the part of the manufactured home park owner or oper-
    25  ator to fully disclose all fees, charges or  assessments  shall  prevent
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07847-01-9
        A. 5763                             2
     1  the  manufactured home park owner or operator from collecting said fees,
     2  charges or assessments, and refusal by the manufactured home  tenant  to
     3  pay  any  undisclosed charges shall not be used by the manufactured home
     4  park owner or operator as a cause for eviction in any court of law.
     5    §  2.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law.